Temple Vs Ak City Noise Control Debacle Update

As we are about to head off to court on December 12th as a
result of the noise control raid we had here back in June -
I'd thought I'd send you all an update - its been a major
series of pretty frustrating events. We are trying to get
as many people as possible along on the day, so if you are
available, even for some of it, it would be very much
appreciated!!!!!

As most of you will be aware, back on
Saturday 9th June the Temple was the subject of a
particularly heavyhanded police and Armourguard raid, as the
result of a noise control complaint. This resulted in 2
people (Ryan - the lead singer of the band playing) and
Derek (a long time Temple "friend" and musician) being
arrested for doing nothing wrong. Gear was confiscated,
people were abused and assaulted by the police.

This is
despite the fact I had a previous arrangement with council
that noise control complaints would not be handled by
Armourguard and police, but that they would send a
Environmental Health Officer, employed by council, who
would measure the sound, ascertain if we were over and if we
were, we would close the door, turn down and go on with the
show.

Council have admitted that it was a mistake on their
behalf that the noise control complaint was handled by
Armourguard and the police, however the Temple, the bands,
the guys arrested and the audience have still to receive an
apology! Basically no-one has been prepared to take
responsibility for their mistakes and we are the ones who
are wearing it!!!

I laid a complaint with the Police
Complaints Authority. They have recommended that the
charges be dropped - because - neither Derek nor Ryan
actually broke the law!! However, the police have decided
to go ahead with the prosecution regardless.

The legal
fees for this will amount to about $4,000. We raised about
$1000 from the fundraising gigs earlier this year, leaving
a rather large shortfall. Unfortunately because the
charges are minor we are not eligible for legal aid!! We
hope to recover these costs from the police and/or council.
There has also been considerable cost in time, lost wages
for Derek and Ryan to attend court and lawyer's meetings.
Huge amounts of my time have been eaten up. Not to mention
the stress and anxiety this has caused.

To add insult to
injury, the courts changed Derek's court date, but forgot to
record it. So when he didn't turn up for the 1st hearing
date that was set down (because they'd changed it) they put
a warrant out for his arrest. To have the warrant lifted
took 2 more visits to court and a ticking off by the judge.
Go figure!

By the time the hearing is over on the 12th of
December, Ryan will have been to court 3 times and Derek 5
times.

If any of you saw the article on Space (music
program Friday evenings - TV2) about noise control, you
would have seen a Council guy called Barry Smedts, who, to
be perfectly honest, came across as a bit of a wally. Lisa
from the Kings Arms and myself also both appeared on the
program as well. Interestingly enough, this guy Barry, is
not only head of the noise control at council, but also
head of liquor licensing - and low and behold, I have had a
forming warning from Liquor Licensing about..........(get
this!) drinking........ on my birthday. Sounds a little
suspicious to me!!!!!!! Anyway, in true Temple style, I
have objected to the warning (its not actually illegal to
drink - particularly on your birthday) and have requested
it goes to hearing to have the warning stricken off my
record, although this course of action does carry
considerable risk. Seems to me there's a bit of abuse of
power going on!!!

Incidentally, noise control have been
monitoring us on a regular basis ever since and haven't
found us to be over the required limit!

I also suspect
that the following problems encountered with police and
council may also be tied into this whole thing.

The police
have told me they will be objecting to our application for a
special license to hold a series of all ages gigs here next
year. We have agreed to take all alcohol off the premises
for these gigs, but the police don't want us to hold
them!

I have applied for a street trading license so
people can go out the front of the Temple with their drinks
and this has been turned down on the basis that the street
is too steep.

I have applied for an extension to the
liquor license to license the Garden Bar out the back,
again, the police are objecting to it.

So, I've tried to
keep it as brief as possible, but as you can see, its all
been a bit traumatic!! We would really appreciate your
support on 12th December. I don't know what court room
it'll be in, but will kick off at 10am and go the whole day.
Its held at the District Court on Albert St and Derek
(Judge) and Ryan (O'Donnell) will have their names posted on
the court schedule which will tell you what courtroom the
hearings are being held in.

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